Local Government Transparency Code 2015
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Local Government Transparency Code
2015
February 2015
Department for Communities and Local Government© Crown copyright, 2015 Copyright in the typographical arrangement rests with the Crown. You may re-use this information (not including logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence,http://www.nationalarchives.gov.uk/doc/open- government-licence/version/3/ or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gsi.gov.uk. This document/publication is also available on our website at www.gov.uk/dclg If you have any enquiries regarding this document/publication, complete the form at http://forms.communities.gov.uk/ or write to us at: Department for Communities and Local Government Fry Building 2 Marsham Street London SW1P 4DF Telephone: 030 3444 0000 For all our latest news and updates follow us on Twitter: https://twitter.com/CommunitiesUK February 2015 ISBN: 978-1-4098-4484-6
Contents
1 Part 1: Introduction 4
2 Part 2: Information which must be published 11
3 Part 3: Information recommended for publication 23
4 Annex A: Table summarising all information to be published 28
5 Annex B: Detecting and preventing fraud 38
6 Annex C: Social housing asset data to be published 40
3Part 1: Introduction
Policy context
1. This Code is issued to meet the Government’s desire to place more power into citizens’
hands to increase democratic accountability and make it easier for local people to
contribute to the local decision making process and help shape public services.
Transparency is the foundation of local accountability and the key that gives people the
tools and information they need to enable them to play a bigger role in society. The
availability of data can also open new markets for local business, the voluntary and
community sectors and social enterprises to run services or manage public assets.
2. ‘Data’ means the objective, factual data, on which policy decisions are based and on
which public services are assessed, or which is collected or generated in the course of
public service delivery. This should be the basis for publication of information on the
discharge of local authority functions.
3. Analysis by Deloitte1 for the Shakespeare Review of Public Sector Information
estimates the economic benefits of public sector information in the United Kingdom as
£1.8 billion, with social benefits amounting to £5 billion. The study highlights the
significant potential benefits from the publication of public data. And, local authorities
and local people want to see published open data:
80 per cent of those responding to a transparency survey2 by the Local
Government Association in September 2012 cited external accountability as a
benefit, with 56 per cent citing better local decision making and democracy as a
benefit
a survey of 800 members of Bedford’s Citizens Panel3 showed that 64 per cent
of respondents thought it was very important that the council makes data
available to the public and the public were most interested in seeing data made
available about council spending and budgets (66 per cent)
research by Ipsos MORI4 found that the more citizens feel informed, the more
they tend to be satisfied with public services and their local authorities.
1
“Market Assessment of Public Sector Information”, Deloitte, May 2013,
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/198905/bis-13-743-market-
assessment-of-public-sector-information.pdf
2
“Local Government Transparency Survey 2012”, LGA, December 2012,
http://www.local.gov.uk/documents/10180/11541/Local_Government_Transparency_Survey_2012.pdf/dd4c2
4ed-20ba-4feb-b6eb-fea21e4af049
3
”Citizens Panel Summer 2011 Survey Results Data Transparency” Bedford Borough Council, August 2011
(unpublished)
4
“What do people want, need and expect from public services?”, Ipsos MORI, 2010, http://www.ipsos-
mori.com/DownloadPublication/1345_sri_what_do_people_want_need_and_expect_from_public_services_1
10310.pdf
44. Therefore, the Government believes that in principle all data held and managed by
local authorities should be made available to local people unless there are specific
sensitivities (eg. protecting vulnerable people or commercial and operational
considerations) to doing so. It encourages local authorities to see data as a valuable
resource not only to themselves, but also their partners and local people.
5. Three principles have guided the development of this Code:
demand led – there are growing expectations that new technologies and
publication of data should support transparency and accountability. It is vital that
public bodies recognise the value to the public of the data they hold, understand
what they hold, what their communities want and then release it in a way that
allows the public, developers and the media to use it
open – provision of public data should become integral to local authority
engagement with local people so that it drives accountability to them. Its
availability should be promoted and publicised so that residents know how to
access it and how it can be used. Presentation should be helpful and accessible
to local people and other interested persons, and
timely – the timeliness of making public data available is often of vital
importance. It should be made public as soon as possible following production
even if it is not accompanied with detailed analysis.
6. This Code ensures local people can now see and access data covering (annex A
summarises the publication requirements specified in this Code):
how money is spent – for example, all spending transactions over £500, all
Government Procurement Card spending and contracts valued over £5,000
use of assets – ensuring that local people are able to scrutinise how well their
local authority manages its assets5. For example, self-financing for council
housing – introduced in April 2012 – gave each local authority a level of debt it
could support based on the valuation of its housing stock. This Code gives local
people the information they need to ask questions about how their authority is
managing its housing stock to ensure it is put to best use, including considering
whether higher value, vacant properties could be used to fund the building of
new affordable homes and so reduce waiting lists. The requirement in
paragraphs 38 to 41 builds on existing Housing Revenue Account practices6
decision making – how decisions are taken and who is taking them, including
how much senior staff are paid, and
issues important to local people – for example, parking and the amount spent
by an authority subsidising trade union activity.
5
Nationally, local authorities’ estate (all forms of land and buildings) is estimated to be worth about £220
billion.
6
The Housing Revenue Account (Accounting Practices) Directions 2011 require that local authorities’ annual
statement of accounts include disclosure of the total balance sheet value of the land, houses and other
property and the vacant possession value of dwellings within the authority’s Housing Revenue Account,
https://www.gov.uk/government/publications/the-housing-revenue-account-directions-2011.
57. Local authorities are encouraged to consider the responses the Government received7
to its consultation and look to go further than this Code by publishing some of the data
proposed by respondents, in line with the principle that all data held and managed by
local authorities should be made open and available to local people unless there are
specific sensitivities to doing so.
8. Fraud can thrive where decisions are not open to scrutiny and details of spending,
contracts and service provision are hidden from view. Greater transparency, and the
provisions in this Code, can help combat fraud. Local authorities should also use a risk
management approach with strong internal control arrangements to reduce the risk of
any payment fraud as a result of publishing public data. Local authorities should refer
to the Chartered Institute of Public Finance and Accountancy Code of Practice on
Managing the Risk of Fraud and Corruption8. Annex B provides further information on
combating fraud.
Application
9. This Code is issued by the Secretary of State for Communities and Local Government
in exercise of his powers under section 2 of the Local Government, Planning and Land
Act 1980 (“the Act”) to issue a Code of Recommended Practice (the Code) as to the
publication of information by local authorities about the discharge of their functions and
other matters which he considers to be related. It is issued following consultation in
accordance with section 3(11) of the Act.
10. The Code does not replace or supersede the existing legal framework for access to
and re-use of public sector information provided by the:
Freedom of Information Act 2000 (as amended by the Protection of Freedoms
Act 2012)
Environmental Information Regulations 2004
Re-use of Public Sector Information Regulations 2005
Infrastructure for Spatial Information in the European Community (INSPIRE)
Regulations 2009, and
sections 25 and 26 of the Local Audit and Accountability Act 20149 which
provide rights for persons to inspect a local authority’s accounting records and
supporting documentation, and to make copies of them.
11. This Code does not apply to Police and Crime Commissioners, for whom a separate
transparency framework applies.
7
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/266815/Transparency_Code_
Government_Response.pdf (see paragraph 37)
8
http://www.cipfa.org/services/counter-fraud-centre/code-of-practice
9
See the Accounts and Audit Regulations 2015 (S.I. 2014/234) for details of when and how those rights may
be exercised.
612. This Code only applies to local authorities in relation to descriptions of information or
data where that type of local authority undertakes the particular function to which the
information or data relates.
13. The Code applies in England only.
Definitions
14. In this Code:
“local authority” means:
a county council in England
a district council
a parish council which has gross annual income or expenditure (whichever is
the higher) exceeding £200,000
a London borough council
the Common Council of the City of London in its capacity as a local authority
the Council of the Isles of Scilly
a National Park authority for a National Park in England
the Broads Authority
the Greater London Authority so far as it exercises its functions through the
Mayor
the London Fire and Emergency Planning Authority
Transport for London
a fire and rescue authority (constituted by a scheme under section 2 of the Fire
and Rescue Services Act 2004 or a scheme to which section 4 of that Act
applies, and a metropolitan county fire and rescue authority)
a joint authority established by Part IV of the Local Government Act 1985 (fire
and rescue services and transport)
a joint waste authority, i.e. an authority established for an area in England by
an order under section 207 of the Local Government and Public Involvement
in Health Act 2007
an economic prosperity board established under section 88 of the Local
Democracy, Economic Development and Construction Act 2009
a combined authority established under section 103 of that Act
a waste disposal authority, i.e. an authority established under section 10 of the
Local Government Act 1985, and
an integrated transport authority for an integrated transport area in England.
7“a social enterprise”10 means a business that trades for a social and/or
environmental purpose and is a business which:
o aims to generate its income by selling goods and services, rather than
through grants and donations
o is set up to specifically make a difference, and
o reinvests the profits it makes for the purpose of its social mission.
“a small or medium sized enterprise” means an undertaking which has fewer than
250 employees.
“voluntary and community sector organisations” means a non-governmental
organisation that is value-driven and which principally reinvests its surpluses to
further social, environmental or cultural objectives.
Data protection
15. The Government believes that local transparency can be implemented in a way that
complies with the Data Protection Act 1998. Where local authorities are disclosing
information which potentially engages the Data Protection Act 1998, they must ensure
that the publication of that information is compliant with the provisions of that Act. The
Data Protection Act 1998 does not restrict or inhibit information being published about
councillors or senior local authority officers because of the legitimate public interest in
the scrutiny of such senior individuals and decision makers. The Data Protection Act
1998 also does not automatically prohibit information being published naming the
suppliers with whom the authority has contracts, including sole traders, because of the
public interest in accountability and transparency in the spending of public money.
16. For other situations where information held by local authorities contains public data
which cannot be disclosed in a Data Protection Act compliant manner, the Information
Commissioner’s Office has published guidance on anonymisation of datasets, enabling
publication of data which can yield insights to support public service improvement,
whilst safeguarding individuals’ privacy11.
17. To ensure that published valuation information for social housing assets (see
paragraphs 38 to 41) is not disclosive of individual properties, authorities are required
to publish their valuation data at postal sector level, i.e. full ‘outbound’ code (first part of
the postcode) and first digit of the ‘inbound’ code (second part of the postcode). This
provides an average cell size of 2,500 households, which should be large enough to
prevent identification of individual dwellings. However, in particular areas where the
postcode sector gives a number of households below 2,500 the postcode level should
be set higher, that is at postcode district level (e.g.PO1 ***).
10
https://www.gov.uk/set-up-a-social-enterprise
11
http://ico.org.uk/for_organisations/data_protection/topic_guides/anonymisation
818. Local authorities should also make the following adjustment prior to publishing social
housing valuation data in order to mitigate the possibility of identifying individual
properties:
Step 1 – for any given postcode sector where the number of occupied social
housing properties in any valuation bands is less than a threshold of ’10’,
authorities should merge that particular cell with the next lowest valuation band,
and so on until the resultant merged cells contain at least ‘10’ occupied social
housing properties. However, if continued repetition of step 1 leads to the
number of valuation bands applied to that postcode sector falling below the
proposed minimum threshold of valuation bands as set out in paragraph 17,
authorities should then apply step 2.
Step 2 – authorities should merge the original (non-merged) valuation data for
the relevant postcode sector with the valuation data with any adjoining postcode
sectors which show the lowest number of socially rented properties. Then apply
Step 1.
Licences
19. When using postcode data (for example, in connection with paragraphs 35 to 41), local
authorities will need to assess their current licence arrangement with the Royal Mail
with regards to the terms of use of the Postcode Address File (PAF).
Commercial confidentiality
20. The Government has not seen any evidence that publishing details about contracts
entered into by local authorities would prejudice procurement exercises or the interests
of commercial organisations, or breach commercial confidentiality unless specific
confidentiality clauses are included in contracts. Local authorities should expect to
publish details of contracts newly entered into – commercial confidentiality should not,
in itself, be a reason for local authorities to not follow the provisions of this Code.
Therefore, local authorities should consider inserting clauses in new contracts allowing
for the disclosure of data in compliance with this Code.
Exclusions and exemptions
21. Authorities should ensure that they do not contravene the provisions of sections 100A,
100B or 100F of the Local Government Act 1972.
22. Where information would otherwise fall within one of the exemptions from disclosure,
for instance, under the Freedom of Information Act 2000, the Environmental
Information Regulations 2004, the Infrastructure for Spatial Information in the European
Community (INSPIRE) Regulations 2009 or fall within Schedule 12A to the Local
Government Act 1972 then it is at the discretion of the local authority whether or not to
rely on that exemption or publish the data. Local authorities should start from the
presumption of openness and disclosure of information, and not rely on exemptions to
withhold information unless absolutely necessary.
9Timeliness and errors
23. Data should be as accurate as possible at first publication. While errors may occur, the
publication of information should not be unduly delayed to rectify mistakes. This
concerns errors in data accuracy. The best way to achieve this is by having robust
information management processes in place.
24. Where errors in data are discovered, or files are changed for other reasons (such as
omissions), local authorities should publish revised information making it clear where
and how there has been an amendment. Metadata on data.gov.uk should be amended
accordingly.
Further guidance and support
25. The Local Government Association has published guidance12 on transparency (eg.
technical guidance notes, best practice examples and case studies) to help local
authorities comply with this Code.
12
http://www.local.gov.uk/practitioners-guides-to-publishing-data
10Part 2: Information which must be published
Part 2.1: Information to be published quarterly
26. Data covered by this section includes:
expenditure exceeding £500 (see paragraphs 28 and 29)
Government Procurement Card transactions (paragraph 30), and
procurement information (see paragraphs 31 and 32).
27. The data and information referred to in this Part (2.1) must be:
first published within a period of three months from the date on which the local
authority last published that data under the Local Government Transparency
Code 201413 and not later than one month after the quarter to which the data
and information is applicable
published quarterly thereafter and on each occasion not later than one month
after the quarter to which the data and information is applicable.
Expenditure exceeding £500
28. Local authorities must publish details of each individual item of expenditure that
exceeds £50014. This includes items of expenditure15, consistent with Local
Government Association guidance16, such as:
individual invoices
grant payments
expense payments
payments for goods and services
grants
grant in aid
rent
credit notes over £500, and
transactions with other public bodies.
13
Under the Local Government Transparency Code 2014, local authorities were required to publish this data
on the first occasion, not later than 31 December 2014 and quarterly thereafter.
14
The threshold should be, where possible, the net amount excluding recoverable Value Added Tax.
15
Salary payments to staff normally employed by the local authority should not be included. However, local
authorities should publish details of payments to individual contractors (e.g. individuals from consultancy
firms, employment agencies, direct personal contracts, personal service companies etc) either here or under
contract information.
16
http://www.local.gov.uk/practitioners-guides-to-publishing-data
1129. For each individual item of expenditure the following information must be published:
date the expenditure was incurred
local authority department which incurred the expenditure
beneficiary
summary of the purpose of the expenditure17
amount18
Value Added Tax that cannot be recovered, and
merchant category (eg. computers, software etc).
Government Procurement Card transactions
30. Local authorities must publish details of every transaction on a Government
Procurement Card. For each transaction, the following details must be published:
date of the transaction
local authority department which incurred the expenditure
beneficiary
amount19
Value Added Tax that cannot be recovered
summary of the purpose of the expenditure, and
merchant category (eg. computers, software etc).
17
This could be the descriptor that local authorities use in their accounting system providing it gives a clear
sense of why the expenditure was incurred or what it purchased or secured for the local authority.
18
Where possible, this should be the net amount excluding recoverable Value Added Tax. Where Value
Added Tax cannot be recovered – or the source of the data being used cannot separate out recoverable
Value Added Tax – then the gross amount should be used instead with a note stating that the gross amount
has been used.
19
Where possible, this should be the net amount excluding recoverable Value Added Tax. Where Value
Added Tax cannot be recovered – or the source of the data being used cannot separate out recoverable
Value Added Tax – then the gross amount should be used instead with a note stating that the gross amount
has been used.
12Procurement information
31. Local authorities must publish details of every invitation to tender for contracts to
provide goods and/or services20 with a value that exceeds £5,00021, 22. For each
invitation, the following details must be published:
reference number
title
description of the goods and/or services sought
start, end and review dates, and
local authority department responsible.
32. Local authorities must also publish details of any contract23, commissioned activity,
purchase order, framework agreement and any other legally enforceable agreement
with a value that exceeds £5,00024. For each contract, the following details must be
published:
reference number
title of agreement
local authority department responsible
description of the goods and/or services being provided
supplier name and details
sum to be paid over the length of the contract or the estimated annual spending
or budget for the contract25
Value Added Tax that cannot be recovered
start, end and review dates
whether or not the contract was the result of an invitation to quote or a published
invitation to tender, and
whether or not the supplier is a small or medium sized enterprise and/or a
voluntary or community sector organisation and where it is, provide the relevant
registration number26.
20
This includes contracts for staff who are employed via consultancy firms or similar agencies.
21
The threshold should be, where possible, the net amount excluding recoverable Value Added Tax.
22
Tenders for framework agreements should be included, even though there may be no initial value.
23
This includes contracts for staff who are employed via consultancy firms or similar agencies.
24
The threshold should be, where possible, the net amount excluding recoverable Value Added Tax.
25
Where possible, this should be the net amount excluding recoverable Value Added Tax. Where Value
Added Tax cannot be recovered – or the source of the data being used cannot separate out recoverable
Value Added Tax – then the gross amount should be used instead with a note stating that the gross amount
has been used.
26
For example, this might be the company or charity registration number.
13Part 2.2: Information to be published annually
33. Data covered by this section includes:
local authority land (see paragraphs 35 to 37)
social housing assets (see paragraphs 38 to 41)
grants to voluntary, community and social enterprise organisations (see
paragraphs 42 and 43)
organisation chart (see paragraph 44)
trade union facility time (see paragraph 45)
parking account (see paragraph 46)
parking spaces (see paragraph 47)
senior salaries (see paragraphs 48 and 49)
constitution (see paragraph 50)
pay multiple (see paragraphs 51 and 52), and
fraud (see paragraph 53).
34. With the exception of data relating to social housing assets (paragraphs 38 to 41), the
data and information in this Part (2.2) must be:
first published within a period of one year from the date on which the local
authority last published that data under the Local Government Transparency
Code 201427 and not later than one month after the year to which the data and
information is applicable
published annually thereafter and on each occasion not later than one month 28
after the year to which the data and information is applicable.
The data on social housing assets (see paragraphs 38 to 41) must be published:
on the first occasion, not later than 1 September 2015 (based on the most up to
date valuation data available at the time of publishing the information), then
in April 2016, and
every April thereafter.
27
Under the Local Government Transparency Code 2014, local authorities were required to publish this data
on the first occasion, not later than 2 February 2015 and annual thereafter.
28
In relation to parking account data, where the local authority’s annual accounts have not been finalised,
the authority should publish estimates within one month after the year to which the data is applicable and
subsequently publish final figures as soon as the authority’s accounts are finalised.
14Local authority land
35. Local authorities must publish details of all land and building assets including:
all service and office properties occupied or controlled by user bodies, both
freehold and leasehold
any properties occupied or run under Private Finance Initiative contracts
all other properties they own or use, for example, hostels, laboratories,
investment properties and depots
garages unless rented as part of a housing tenancy agreement
surplus, sublet or vacant properties
undeveloped land
serviced or temporary offices where contractual or actual occupation exceeds
three months, and
all future commitments, for example under an agreement for lease, from when
the contractual commitment is made.
Information about the following land and building assets are to be excluded from
publication:
rent free properties provided by traders (such as information booths in public
places or ports)
operational railways and canals
operational public highways (but any adjoining land not subject to public rights
should be included)
assets of national security, and
information deemed inappropriate for public access as a result of data protection
and/or disclosure controls (eg. such as refuge houses).
36. For the purposes of this dataset about local authority land (paragraphs 35 to 37),
details about social housing should not be published. However, information about the
value of social housing stock contained in a local authority’s Housing Revenue
Account does need to be published for the social housing asset value dataset
(paragraphs 38 to 41).
1537. For each land or building asset, the following information must be published together in
one place:
Unique Property Reference Number29
Unique asset identity - the local reference identifier used by the local body,
sometimes known as local name or building block. There should be one entry
per asset or user/owner (eg. on one site there could be several buildings or in
one building there could be several users floors/rooms etc – where this is the
case, each of these will have a separate asset identity). This must include the
original reference number from the data source plus authority code
name of the building/land or both
street number or numbers - any sets of 2 or more numbers should be separated
with the ‘-‘ symbol (eg. 10-15 London Road)
street name – this is the postal road address30
post town
United Kingdom postcode
map reference – local authorities may use either Ordnance Survey or ISO 6709
systems to identify the location of an asset, but must make clear which is being
used. Where an Ordnance Survey mapping system is used (the grid system)
then assets will be identified using Eastings before Northings. Where geocoding
in accordance with ISO 6709 is being used to identify the centre point of the
asset location then that reference must indicate its ISO coordinates
whether the local authority owns the freehold or a lease for the asset and for
whichever category applies, the local authority must list all the characteristics
that apply from the options given below:
for freehold assets:
o occupied by the local authority
o ground leasehold
o leasehold
o licence
o vacant (for vacant properties, local authorities should not publish the map
reference or full address details, they should only publish the first part of the
postcode31).
29
The Unique Property Reference Number (UPRN) is a unique twelve digit number assigned to every unit of
land and property recorded by local government, this is a statutory obligation. The UPRN uniquely and
definitively identifies every addressable location in the country. The numbers originate from Geo-Place (an
OS and LGA joint venture).
30
Local authorities should use the official postal address. Exceptionally, where this is not available, local
authorities should use the address they hold for the asset.
31
The first part of the postcode, or Outward Code, refers to the area and the district only,
http://www.postcodeaddressfile.co.uk/products/postcodes/postcodes_explained.htm
16for leasehold assets:
o occupied by the local authority
o ground leasehold
o sub leasehold
o licence.
for other assets:
o free text description eg. rights of way, access etc32.
whether or not the asset is land only (i.e. without permanent buildings) or it is
land with a permanent building.
Social housing asset value
38. Local authorities must publish details of the value of social housing stock that is held in
their Housing Revenue Account33.
39. The following social housing stock data must be published:
valuation data to be listed at postal sector level34 (e.g. PO1 1**), without
indicating individual dwelling values, and ensuring that data is not capable of
being made disclosive of individual properties, in line with disclosure protocols
set out in paragraphs 15 to 18
valuation data for the dwellings using both Existing Use Value for Social
Housing and market value (valued in accordance with guidance35) as at 1 April.
This should be based on the authority’s most up to date valuation data at the
time of the publication of the information
an explanation of the difference between the tenanted sale value of dwellings
within the Housing Revenue Account and their market sale value, and
assurance that the publication of this information is not intended to suggest that
tenancies should end to realise the market value of properties.
32
Where a local authority feels unable to verify rights of way information, for example, it should add a short
narrative explaining why it is unable to identify and verify the information.
33
All local housing authorities who hold housing stock are required to account for all income and expenditure
in relation to that stock in a separate account which is called the Housing Revenue Account.
34
The first part of the postcode, or Outward Code (which refers only to the area and the district only), and
first digit of the second part of the postcode, or Inward Code (the number identifies the sector in the postal
district). http://www.postcodeaddressfile.co.uk/products/postcodes/postcodes_explained.htm
35
Guidance for Valuers on Stock Valuation for Resource Accounting 2010 published by the Secretary of
State for Communities and Local Government in January 2011,
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/5939/1825886.pdf
1740. The valuation data and information referred to in paragraph 39 must be published in
the following format:
for each postal sector level, the valuation data should be classified within set
bands of value. Authorities must set their valuation bands within the general
parameters set out in the table below, in light of the local characteristics of the
housing market in their area, in order to ensure that valuation data published by
all authorities is consistent and clear to understand:
Valuation Band Range Intervening bands value
< £50,000 -£99,999 6 Bands of £10,000
£100,000 - £299,999 10 Bands of £20,000
£300,000 - £499,999 4 Bands of £50,000
£500,000 - £999,999 5 Bands of £100,000
£1,000,000 – £2,999,999> 5 Bands of £500,000
authorities should ensure that any band should only include values that fall
within the band parameters (i.e. not give a top value band). If that is the case,
the lowest and highest band should be further disaggregated
authorities should bear in mind that it is likely that the numbers of properties in
the lowest and highest bands will be low, leading to potential disclosure
problems. The protocol to address this issue is set out in paragraphs 15 to 18
for each postal sector level, within the set band of value, the data should
indicate:
o the total number of dwellings
o the aggregate value of the dwellings and their mean value, using both
Existing Use Value for Social Housing and market value, and
o the percentage of the dwellings that are occupied and the percentage that
are vacant
authorities must publish the valuation data for both tenanted and vacant
dwellings.
41. An example of how the data specified in paragraphs 39 and 40 could be presented is
included at annex C.
Grants to voluntary, community and social enterprise organisations
42. Local authorities must publish details of all grants to voluntary, community and social
enterprise organisations. This can be achieved by either:
tagging and hence specifically identifying transactions which relate to voluntary,
community and social enterprise organisations within published data on
expenditure over £500 or published procurement information, or
by publishing a separate list or register.
1843. For each identified grant, the following information must be published as a minimum:
date the grant was awarded
time period for which the grant has been given
local authority department which awarded the grant
beneficiary
beneficiary’s registration number36
summary of the purpose of the grant, and
amount.
Organisation chart
44. Local authorities must publish an organisation chart covering staff in the top three
levels of the organisation37. The following information must be included for each
member of staff included in the chart:
grade
job title
local authority department and team
whether permanent or temporary staff
contact details
salary in £5,000 brackets, consistent with the details published under paragraph
48, and
salary ceiling (the maximum salary for the grade).
Trade union facility time
45. Local authorities must publish the following information on trade union facility time:
total number (absolute number and full time equivalent) of staff who are union
representatives (e.g. general, learning and health and safety representatives)
total number (absolute number and full time equivalent) of union representatives
who devote at least 50 per cent of their time to union duties
names of all trade unions represented in the local authority
a basic estimate of spending on unions (calculated as the number of full time
equivalent days spent on union duties by authority staff that spent the majority of
their time on union duties multiplied by the average salary), and
a basic estimate of spending on unions as a percentage of the total pay bill
(calculated as the number of full time equivalent days spent on union duties by
authority staff that spent the majority of their time on union duties multiplied by
the average salary divided by the total pay bill).
36
For example, this might be the company or charity registration number.
37
This should exclude staff whose salary does not exceed £50,000.
19Parking account
46. Local authorities must publish on their website, or place a link on their website to this
data if published elsewhere:
a breakdown of income and expenditure on the authority’s parking account38, 39.
The breakdown of income must include details of revenue collected from on-
street parking, off-street parking and Penalty Charge Notices, and
a breakdown of how the authority has spent a surplus on its parking account38,40.
Parking spaces
47. Local authorities must publish the number of marked out controlled on and off-street
parking spaces within their area, or an estimate of the number of spaces where
controlled parking space is not marked out in individual parking bays or spaces.
Senior salaries
48. Local authorities are already required to publish, under the Accounts and Audit
Regulations 2015 (Statutory Instrument 2015/234)41:
the number of employees whose remuneration in that year was at least £50,000
in brackets of £5,000
details of remuneration and job title of certain senior employees whose salary is
at least £50,000, and
employees whose salaries are £150,000 or more must also be identified by
name.
49. In addition to this requirement, local authorities must place a link on their website to
these published data or place the data itself on their website, together with a list of
responsibilities (for example, the services and functions they are responsible for,
budget held and number of staff) and details of bonuses and ‘benefits-in-kind’, for all
employees whose salary exceeds £50,000. The key differences between the
requirements under this Code and the Regulations referred to above is the addition of a
list of responsibilities, the inclusion of bonus details for all senior employees whose
salary exceeds £50,000 and publication of the data on the authority’s website.
38
A parking account kept under section 55 of the Road Traffic Regulation Act 1984 as modified by
Regulation 25 of the Civil Enforcement of Parking Contraventions (England) General Regulations 2007.
39
Local authorities should also have regard to both statutory guidance, The Secretary of State’s Statutory
Guidance to Local Authorities on the Civil Enforcement of Parking Contraventions,
http://assets.dft.gov.uk/publications/tma-part-6-cpe-statutory-guidance/betterprkstatutoryguid.pdf,
and non-statutory operational guidance, Operational Guidance to Local Authorities: Parking Policy and
Enforcement,
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/212559/parkingenforcepolicy.pdf
40
Section 55 (as amended) of the Road Traffic Regulation Act 1984 sets out how local authorities should
use a surplus on their parking account. Local authorities should breakdown how they have spent a surplus
on their parking account within the categories set out in section 55.
41
For the accounting year 2014-15, the Accounts and Audit (England) Regulations 2011 (Statutory
Instrument 2011/817) remain applicable.
20Constitution
50. Local authorities are already required to make their Constitution available for inspection
at their offices under section 9P of the Local Government Act 2000. Local authorities
must also, under this Code, publish their Constitution on their website.
Pay multiple
51. Section 38 of the Localism Act 2011 requires local authorities to produce Pay Policy
Statements, which should include the authority’s policy on pay dispersion – the
relationship between remuneration of chief officers and the remuneration of other staff.
Guidance produced under section 40 of that Act42, recommends that the pay multiple is
included in these statements as a way of illustrating the authority’s approach to pay
dispersion.
52. Local authorities must, under this Code, publish the pay multiple on their website,
defined as the ratio between the highest paid taxable earnings for the given year
(including base salary, variable pay, bonuses, allowances and the cash value of any
benefits-in-kind) and the median earnings figure of the whole of the authority’s
workforce. The measure must:
cover all elements of remuneration that can be valued (eg. all taxable earnings
for the given year, including base salary, variable pay, bonuses, allowances and
the cash value of any benefits-in-kind)
use the median earnings figure as the denominator, which should be that of all
employees of the local authority on a fixed date each year, coinciding with
reporting at the end of the financial year, and
exclude changes in pension benefits, which due to their variety and complexity
cannot be accurately included in a pay multiple disclosure.
42
Openness and accountability in local pay: Guidance under Section 40 of the Localism Act (February
2012), https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/5956/2091042.pdf
21Fraud
53. Local authorities must publish the following information about their counter fraud
work43:
number of occasions they use powers under the Prevention of Social Housing
Fraud (Power to Require Information) (England) Regulations 201444, or similar
powers45
total number (absolute and full time equivalent) of employees undertaking
investigations and prosecutions of fraud
total number (absolute and full time equivalent) of professionally accredited
counter fraud specialists
total amount spent by the authority on the investigation and prosecution of fraud,
and
total number of fraud cases investigated.
Part 2.3: Information to be published once only
Waste contracts
54. Local authorities must publish details of their existing waste collection contracts, in line
with the details contained in paragraph 32. Local authorities must publish this
information at the same time as they first publish quarterly procurement information
under paragraphs 27, 31 and 32 of this Code.
Part 2.4: Method of publication
55. Public data should be published in a format and under a licence that allows open re-
use, including for commercial and research activities, in order to maximise value to the
public. The most recent Open Government Licence published by the National Archives
should be used as the recommended standard. Where any copyright or data ownership
concerns exist with public data these should be made clear. Data covered by Part 2 of
this Code must be published in open and machine-readable formats (further
information about machine-readable formats can be found in Part 3.2).
43
The definition of fraud is as set out by the Audit Commission in Protecting the Public Purse.
44
S.I. 2014/899.
45
For example, the Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (England)
Regulations 2013 gives local authorities the power to require information from listed bodies, during the
investigation of fraud connected with an application for or award of a reduction under a council tax reduction
scheme: http://www.legislation.gov.uk/uksi/2013/501/contents/made
22Part 3: Information recommended for
publication
56. Part 2 of this Code set out details of the minimum data that local authorities must
publish. The Government believes that in principle all data held and managed by local
authorities should be made available to local people unless there are specific
sensitivities to doing so. Therefore, it encourages local authorities to go much further in
publishing the data they hold, recognising the benefits of sharing that data for local
people, more effective service delivery and better policy making. Part 3 of this Code
sets out details of data that the Government recommends local authorities publish.
Part 3.1: Information recommended for publication
57. Data covered by this section includes:
expenditure data (see paragraph 58)
procurement information (see paragraphs 59 and 60)
local authority land (see paragraph 61 and 62)
parking spaces (see paragraphs 63 and 64)
organisation chart (see paragraph 65)
grants to voluntary, community and social enterprise organisations (see
paragraphs 66 and 67), and
fraud (see paragraph 68).
Expenditure data
58. It is recommended that local authorities go further than the minimum publication
requirements set out in Part 2 and:
publish information on a monthly instead of quarterly basis, or ideally, as soon
as it becomes available and therefore known to the authority (commonly known
as ‘real-time’ publication)
publish details of all transactions that exceed £250 instead of £500. For each
transaction the details that should be published remain as in paragraph 29
publish all transactions on all corporate credit cards, charge cards and
procurements, including those that are not a Government Procurement Card.
For each transaction the details that should be published remain as set out in
paragraph 30
publish the total amount spent on remuneration over the period being reported
on, and
classify expenditure using the Chartered Institute of Public Finance and
Accountancy Service Reporting Code of Practice to enable comparability
between local authorities.
23Procurement information
59. It is recommended that local authorities place on Contracts Finder46, as well as any
other local portal, every invitation to tender or invitation to quote for contracts to provide
goods and/or services with a value that exceeds £10,000. For each invitation, the
details that should be published are the same as those set out in paragraph 31.
60. It is recommended that local authorities should go further than the minimum publication
requirements set out in Part 2 and publish:
information on a monthly instead of quarterly basis, or ideally, as soon as it is
generated and therefore becomes available (commonly known as ‘real-time’
publication)
every invitation to tender for contracts to provide goods and/or services with a
value that exceeds £500 instead of £5,000. The details that should be published
are the same as those set out in paragraph 31
details of invitations to quote where there has not been a formal invitation to
tender. The details that should be published are the same as those set out in
paragraph 31
all contracts in their entirety where the value of the contract exceeds £5,00047
company registration number at Companies House
details of invitations to tender or invitations to quote that are likely to be issued in
the next twelve months. The details that should be published are the same as
those set out in paragraph 31
details of the geographical (eg. by ward) coverage of contracts entered into by
the local authority
details of performance against contractual key performance indicators, and
information disaggregated by voluntary and community sector category (eg.
whether it is registered with Companies House, Charity or Charitable
Incorporated Organisation, Community Interest Company, Industrial and
Provident Society, Housing Association, etc).
Local authority land
61. It is recommended that local authorities should go further than the minimum publication
requirements set out in Part 2 and publish information on a monthly instead of annual
basis, or ideally, as soon as it becomes available and therefore known to the authority
(commonly known as ‘real-time’ publication). It is also recommended that local
authorities should publish all the information possible on Electronic Property
Information Mapping Service.
46
Documentation for all procurements valued at over £10,000 is stored on Contracts Finder for public
viewing as part of government's transparency commitment. https://online.contractsfinder.businesslink.gov.uk/
47
Where a contract runs into several hundreds of pages or more, a local authority should publish a summary
of the contract or sections of the contract, if this would be more helpful to local people and businesses.
2462. It is further recommended that local authorities also go further than the minimum
publication requirements set out in paragraph 37 by publishing, alongside them in one
place, the following information:
size of the asset measured in Gross Internal Area (m2) for buildings or hectares
for land, in accordance with the Royal Institute of Chartered Surveyors Code of
Measuring Practice. The Gross Internal Area is the area of a building measured
to the internal face of the perimeter walls at each floor level. Local authorities
using Net Internal Area (m2) should convert measurements to Gross Internal
Area using appropriate conversion factors48 and state the conversion factor used
services offered from the asset using the services listed in the Effective Services
Delivery government service function list
http://doc.esd.org.uk/FunctionList/1.00.html (listing up to five main services)
reason for holding asset such as, it is occupied by the local authority or it is
providing a service on the authority’s behalf, it is an investment property, it
supports economic development (eg. provision of small businesses or incubator
space), it is surplus to the authority’s requirements, it is awaiting development, it
is under construction, it provides infrastructure or it is a community asset
whether or not the asset is either one which is an asset in the authority’s
ownership that is listed under Part 5 Chapter 3 of the Localism Act 2011 (assets
of community value) and/or an asset which the authority is actively seeking to
transfer to the community
total building operation (revenue) costs as defined in the corporate value for
money indicators for public services49
required maintenance - the cost to bring the property from its present state up to
the state reasonably required by the authority to deliver the service and/or to
meet statutory or contract obligations and maintain it at that standard. This
should exclude improvement projects but include works necessary to comply
with new legislation (eg. asbestos and legionella)
functional suitability rating using the scale:
o good – performing well and operating efficiently (supports the needs of staff
and the delivery of services)
o satisfactory – performing well but with minor problems (generally supports
the needs of staff and the delivery of services)
o poor – showing major problems and/or not operating optimally (impedes the
performance off staff and/or the delivery of services)
o unsuitable – does not support or actually impedes the delivery of services
energy performance rating as stated on the Display Energy Certificate under the
Energy Performance of Buildings (England and Wales) Regulations 2012 (as
amended).
48
Local authorities are not expected to re-measure buildings. Research undertaken for the Scottish
Government offers one method of converting Net Internal Area to Gross Internal Area and can be found at:
http://www.scotland.gov.uk/Resource/Doc/217736/0121532.pdf
49
http://www.nao.org.uk/wp-content/uploads/2013/02/2010-11-Estates-Management.pdf (See page 17).
25Parking spaces
63. It is recommended that local authorities should publish the number of:
free parking spaces available in the local authority’s area and which are provided
directly by the local authority, and
parking spaces where charges apply that are available in the local authority’s area
and which are provided directly by the local authority.
64. Where parking space is not marked out in individual parking bays or spaces, local
authorities should estimate the number of spaces available for the two categories in
paragraph 63.
Organisation chart
65. It is recommended that local authorities should go further than the minimum publication
requirements set out in Part 2 and publish:
charts including all employees of the local authority whose salary exceeds
£50,000
the salary band for each employee included in the chart(s), and
information about current vacant posts, or signpost vacancies that are going to
be advertised in the future.
Grants to voluntary, community and social enterprise organisations
66. It is recommended that local authorities should go further than the minimum publication
requirements set out in Part 2 and publish information on a monthly instead of annual
basis where payments are made more frequently than a single annual payment, or
ideally, as soon as the data becomes available and therefore known to the authority
(commonly known as ‘real-time’ publication).
67. It is further recommended that local authorities publish information disaggregated by
voluntary and community sector category (eg. whether it is registered with Companies
House, charity or charitable incorporated organisation, community interest company,
industrial and provident society, housing association, etc).
Fraud
68. It is recommended that local authorities should go further than the minimum publication
requirements set out in Part 2 and publish:
total number of cases of irregularity investigated
total number of occasions on which a) fraud and b) irregularity was identified
total monetary value of a) the fraud and b) the irregularity that was detected, and
total monetary value of a) the fraud and b) the irregularity that was recovered.
26Part 3.2: Method of publication
69. The Government endorses the five step journey to a fully open format:
One star Available on the web (whatever format) but with an open license
Two star As for one star plus available as machine-readable structured data
(eg. Excel instead of an image scan of a table)
Three star As for two star plus use a non-proprietary format (eg. CSV and
XML)
Four star All of the above plus use open standards from the World Wide
Web Consortium (such as RDF and SPARLQL21)
Five star All the above plus links an organisation’s data to others’ data to
provide context
70. The Government recommends that local authorities publish data in three star formats
where this is suitable and appropriate50, alongside open and machine-readable format,
within six months of this Code being issued.
Shehla Husain
A Senior Civil Servant in the Department for Communities and Local
Government
Department for Communities and Local Government
27 February 2015
50
Statistical data, lists etc should be capable of being published in this format but others (eg. organisation
charts) may be more difficult.
27Annex A: Table summarising all information to be published
Information Information which must be published Information recommended for publication
title
Expenditure Quarterly publication Publish information on a monthly instead of
exceeding Publish details of each individual item of expenditure that quarterly basis, or ideally, as soon as it
£500 exceeds £500, including items of expenditure, consistent with becomes available and therefore known to
Local Government Association guidance, such as: the authority (commonly known as ‘real-
individual invoices time’ publication).
grant payments Publish details of all transactions that
expense payments exceed £250 instead of £500. For each
payments for goods and services transaction the details that should be
grants published remain as set out in paragraph
grant in aid 29.
rent publish the total amount spent on
credit notes over £500 remuneration over the period being reported
transactions with other public bodies. on.
classify purpose of expenditure using the
For each individual item of expenditure the following information Chartered Institute of Public Finance and
must be published: Accountancy Service Reporting Code of
date the expenditure was incurred Practice to enable comparability between
local authority department which incurred the expenditure local authorities.
beneficiary
summary of the purpose of the expenditure
amount
Value Added Tax that cannot be recovered
merchant category (eg. computers, software etc).
28Information Information which must be published Information recommended for publication
title
Government Quarterly publication Publish all transactions on all corporate
Procurement Publish details of every transaction on a Government credit cards, charge cards and
Card Procurement Card. For each transaction, the following details procurements, including those that are not a
transactions must be published: Government Procurement Card. For each
date of the transaction transaction the details that should be
local authority department which incurred the expenditure published remain as set out in paragraph
beneficiary 30.
amount
Value Added Tax that cannot be recovered
summary of the purpose of the expenditure
merchant category (eg. computers, software etc).
Procurement Quarterly publication Place on Contracts Finder, as well as any other
information Publish details of every invitation to tender for contracts to local portal, every invitation to tender or
provide goods and/or services with a value that exceeds £5,000. invitation to quote for contracts to provide goods
For each invitation, the following details must be published: and/or services with a value that exceeds
reference number £10,000.
title
description of the goods and/or services sought Publish:
start, end and review dates information on a monthly instead of
local authority department responsible. quarterly basis, or ideally, as soon as it is
generated and therefore becomes available
Quarterly publication (commonly known as ‘real-time’ publication)
Publish details of any contract, commissioned activity, purchase every invitation to tender for contracts to
order, framework agreement and any other legally enforceable provide goods and/or services with a value
agreement with a value that exceeds £5,000. For each contract, that exceeds £500 instead of £5,000
the following details must be published: details of invitations to quote where there
reference number has not been a formal invitation to tender
title of agreement all contracts in their entirety where the value
local authority department responsible of the contract exceeds £5,000
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